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STATE v. ALSTON

No. 555PA86.

374 S.E.2d 247 (1988)

323 N.C. 614

STATE of North Carolina v. Barry Eugene ALSTON.

Supreme Court of North Carolina.

December 8, 1988.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by John H. Watters, Asst. Atty. Gen., Raleigh, for the State.

Craig B. Brown, Durham, for defendant-appellant.

WEBB, Justice.

The only question raised by this appeal is whether the charge of armed robbery should have been dismissed because the defendant was twice put in jeopardy for the same offense in violation of his rights under the Fifth and Fourteenth Amendments to the Constitution of the United States. In Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969), the United States Supreme Court held that the double...

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